Cal. Code Regs. tit. 15, § 3078.13
Community Participant Mother Program -- Return.
Effective Jul 1, 2024Register 2024, No. 42Authority cited: Sections 3414, 5058 and 6252, Penal Code. Reference: Sections 3416, 3417, 3418, 3419, 3420 and 5054, Penal Code.State of California
(a) Community Participant Mother Program (CPMP) participants may be returned to state prison to serve the remainder of their original sentence, with or without cause. Staff shall conduct a Case Conference Review, as defined in section 3000, regarding whether a participant should be returned to prison. CPMP cases shall be reviewed by the Division of Rehabilitative Programs (DRP). When determining a participant's retention or return, staff shall consider the totality of case factors, including the participant's behavior and program participation while housed in the CPMP. Reasons for return include, but are not limited to:
- (1) The need for extensive medical or mental health treatment, which is unable to be accommodated or available at the CPMP.
- (2) Voluntary removal from the program.
- (3) Program failure.
- (4) Security reasons requiring higher custody, such as a pending action for a serious Rules Violation Report.
- (5) Violation of CPMP rules, guidelines, or any determination, which cause the incarcerated person to be deemed no longer appropriate for CPMP placement.
- (6) A change in case factors which make the incarcerated person no longer eligible for program placement, or a change in case factors that requires a case-by-case review by the Institution Classification Committee (ICC).
- (b) Any property belonging to the CPMP incarcerated person shall not be returned with them to state prison and must be picked up by or mailed to an individual designated by the incarcerated person.
- (c) Child(ren) shall not be permitted to remain at the CPMP overnight in the absence of the participant. The child(ren) shall be released to the person(s) designated on CDCR Form 415-J (Rev. 08/24), Community Participant Mother Program -- Child Release Authorization, which is incorporated by reference. If the designated person(s) is unable to pick up the child(ren), the CPMP staff shall notify the Department of Children and Family Services and release the child(ren) to their custody. The welfare of the child(ren) shall be the primary factor in the determination of the child(ren)'s placement.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal Code. Reference: Sections 3416, 3417, 3418, 3419, 3420 and 5054, Penal Code.
History
1. New section filed 6-19-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).
2. Change without regulatory effect amending subsections (a)(5)-(c) filed 10-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 42).